Supreme Court of the United States, 1985

Hyde v. Van Wormer

Supreme Court of the United States · Decided November 18, 1985 · Awards, Blackmun, Brennan, Damages, From, Marshall, Stevens, Whom

474 U.S. 992; 106 S. Ct. 403; 88 L. Ed. 2d 355; 54 U.S.L.W. 3343; 1985 U.S. LEXIS 4466 (United States Reports)

Cases that cite this one

7 later published cases cite this decision.

Walter G. Finch v. Hughes Aircraft Company (Fed. Cir. 1991)
Romala Corporation, a Delaware Corporation v. The United States (Fed. Cir. 1991)
A. Hirsh, Inc. v. The United States, and Paint Applicators Trade Action Coalition (Fed. Cir. 1991)
In re Amendment to Rule 39 (United States District Court for the Southern District of Georgia 1991)
In re Amendment to Rule 39 (Supreme Court of the United States 1991)
Thomas A. Toepfer v. Department of Transportation, Faa (Fed. Cir. 1986)
In re: Cecil Arthur Hartman (D.C. Cir. 1986)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Dissenting Opinion

Justice Brennan, with whom Justice Marshall and Justice Stevens join,

dissenting from award of damages.

This Court’s Rule 49.2 states that “[w]hen an appeal or petition for writ of certiorari is frivolous, the Court may award the ap-pellee or the respondent appropriate damages.” The Rule sets *993no standards for determining when a petition for certiorari is “frivolous,” or the amount of damages which may be “appropriate.” Absent such criteria, I believe that any award of damages imposed by the Court can only be arbitrary. In this case, the Court has decided to award respondents $500 apiece in damages. It makes no effort to justify this award, or to explain how it arrived at the $500 figure. For these reasons, I dissent from the award of damages.

Opinion of the Court

ante, p. 827. Motion of federal respondents for award of damages granted, and damages awarded to federal respondents only in the amount of $500 pursuant to this Court’s Rule 49.2. Motion of respondents Inland Steel Co. et al. for award of damages granted, and damages in the amount of $500 awarded pursuant to this Court’s Rule 49.2. Request of Inland Steel Co. et al. for award of double costs pursuant to Rule 50.7 denied. Motion of petitioner for award of costs and fees denied.

Justice Blackmun dissents from the awards of damages.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.